[HISTORY: Adopted by the Township Council
of the Township of Mount Holly as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-7-1980 as Sec. 13-6 of
Ch. XIII of the Revised General Ordinances]
[Amended 6-22-1992 by Ord. No. 1992-5]
As used in this article, the following terms
shall have the meanings indicated:
The meat and vegetable waste solids resulting from the handling,
preparation, cooking and consumption of foods.
Includes newspaper, periodicals, cardboard and all other
wastepaper.
Ashes, rubbish and trade waste.
Includes rags, old clothes, leather, rubber, carpets, wood,
excelsior, sawdust, wood furniture and other combustible solids not
considered by the Township to be of a highly volatile or explosive
nature, metals, metal shavings, tin cans, glass, crockery and other
similar materials, but not the wastes resulting from building construction
or alteration work. It shall also include any small accumulation of
cellar or yard dirt.
Any accepted public street, curb, sidewalk and alley.
All material resulting from the prosecution of any business,
trade or industry conducted for profit, including paper, rags, leather,
rubber, cartons, boxes, wood, excelsior, sawdust, garbage and other
combustible solids except manure, and not considered by the Township
to be of a highly volatile or explosive nature, metals, metal shavings,
wire, tin cans, cinders, earth and other materials but not the wastes
resulting from building construction or alteration work.
Includes all or any garbage, refuse, paper, ashes, no matter
how originating, wastes from building construction or alteration work
or cellar or yard dirt.
A.
Application. Annually, each and every person desiring
to engage in the business of privately collecting waste material within
the Township shall apply to the Township Manager for permission to
do so during the current calendar year. No such permission shall be
granted until and unless the applicant shall have satisfied the manager
of the sufficiency and sanitation of the equipment and vehicles to
be used in the private collection and disposal of such waste material.
B.
Regulations. Every private collector of waste material,
authorized as provided for in this section, shall conform to the provisions
of this article, other ordinances of the Township and the regulations
of the Manager governing the collection and disposal of rubbish waste
material.
C.
Vehicles. All vehicles used in transporting waste
material through the streets of the Township must be furnished by
the owner with a good and tight body and shall be securely covered
when loaded with a type of cover approved by the Township Manager
so as to prevent their contents from being scattered upon the streets.
A.
All waste material of any nature which shall be made
and accumulated in the dwelling houses, hotels, stores, markets and
other buildings or premises in the Township shall either be removed
by the Township in accordance with the regulations set forth herein
or by an authorized collector.
B.
No person shall accumulate or permit, suffer or allow
the accumulation in any building or on any premises owned, occupied
or controlled by him of any waste material for a period longer than
one week or seven calendar days unless this material constitutes a
health hazard, in which case it shall be removed immediately.
C.
Only authorized persons to collect. It shall not be
lawful for any person, excepting an employee of the Township in the
discharge of his duties or an authorized waste collector, to collect,
pick in, rake up or in any way disturb the paper, garbage or other
waste material of whatsoever nature deposited in any receptacle or
laid or placed on any street or public place.
A.
Duty to provide.
(1)
The owner, agent, lessee, tenant or occupant of every
dwelling, restaurant, market, store or other premises in the Township,
where paper, garbage, rubbish or refuse shall accumulate, shall provide
and keep on such premises sufficient and suitable receptacles and
tight-fitting covers for the same for receiving and holding the aforesaid
materials.
(2)
In dwellings containing a single-family unit and in
restaurants, markets, stores or similar establishments, the receptacles
shall be procured and maintained by the tenants. In tenements, dwellings
and apartment houses containing two or more dwelling units, the procurement
and maintenance of receptacles shall be the responsibility of the
landlord.
B.
Number. Each dwelling or premises shall have at least
one receptacle and as many more receptacles as are necessary to completely
contain all waste materials generated by or accumulated by each family
unit residing on the premises and by each restaurant, market, store
or similar establishment, during the period from one collection day
to the next ensuing collection day as established by the Township.
C.
Specifications.
(1)
Each receptacle is to be made of metal or plastic
of a substantial nature with a tight-fitting cover of the same material,
so constructed as to prevent spilling or leakage of its contents.
It shall be not more than 20 gallons in capacity and equipped with
pull handles. It shall be cleaned and sanitized as needed after emptying.
(2)
Plastic bags may be used as receptacles, provided
that they are of sufficient thickness to withstand the weight of the
contents. Broken glass or other sharp or pointed objects are not to
be placed in plastic bags. Each bag must be properly closed.[1]
(3)
Wherein private collectors are being used, heavy-duty
metal containers may be used, provided that they are watertight with
windproof covers.
(4)
The use of baskets, cardboard boxes and paper bags
as receptacles for waste materials is not permitted.
(5)
Receptacles that are badly broken or otherwise fail
to meet the requirements of this article, may be classed as rubbish
and may be collected as such by the Township.
[Added 10-27-2003 by Ord. No. 2003-34; 2-25-2008 by Ord. No. 2008-04]
The Township, by its designated agents and employees,
will collect and remove only the waste matter as classified herein
when such waste matter is placed into proper receptacles or bundles
and offered for collection in the quantity and manner prescribed herein.
A.
Limitations. Only such waste material that may be classified as garbage, paper, rubbish, ashes or trade wastes, as defined in § 137-1, will be collected by the Township, provided that no more than five bags or five approved trash cans or any combination thereof, these materials prepared as defined § 137-4C, held and stored in the manner as required in this section, and provided that certain of these materials do not exceed, for any one collection, the quantities as set forth in this article.
(1)
Any waste material that is not stored in the proper
manner is the responsibility of the property owner of said premises.
If said waste material is not removed within 12 hours from being placed
at curbside, the Township shall, at its sole discretion, for the public
health and safety of its citizens or any other reason deemed appropriate
under circumstance, remove said waste material and bill the owner
of the premises in the amount not to exceed $500. Failure of the owner
of said premises to pay said bill may result in a lien being placed
upon the property. This includes but is not limited to what is commonly
referred to as a "move out."
B.
Receptacles, time of placing and removing. It shall
be unlawful for any person to place or cause to be placed any receptacle
or bundle or refuse material on any portion of the street or sidewalk
of any street at any time except on the day of collection and then
not more than eight hours before the collection times fixed and published
by the Township Manager nor shall any person allow or permit any empty
receptacle to remain upon such sidewalk or street more than one hour
after the contents have been collected.
C.
Receptacles, placement.
(1)
The owner, lessee, tenant or other occupant of every
privately owned building shall, on the scheduled day for collection,
place or have placed all waste material for collection at the nearest
curbline in front of the building.
(2)
Receptacles awaiting collection shall be stored or
kept in such place so as not to become a nuisance to the occupants
of any dwelling, and at no time shall they be kept under the windows
of any such dwelling adjacent thereto.
D.
Township collectors not to enter buildings. Township
refuse collectors are prohibited from entering upon any unaccepted
lands, streets, service area, driveway or alleys or any privately
owned buildings or portion of any such buildings, such as a vestibule,
kitchen, pantry, cellar or boiler room, for the purpose of moving
refuse material to the curb for collection except as provided in this
section.
E.
Interference with Township agents and employees. No
person shall prevent or interfere with any agent or employee of the
Township in the discharge of his duties in the collection of garbage,
ashes or refuse or in the sweeping or cleaning of any street or in
the removal therefrom of sweepings, ashes, garbage, rubbish, paper,
snow, ice or other refuse material.
A.
Garbage shall be thoroughly drained of all water,
wrapped securely in paper and placed in a receptacle as defined above.
B.
Ashes, combustible and noncombustible rubbish and
trade waste shall be held and stored in a receptacle that may be the
same receptacle used to contain the wrapped garbage. Where these materials
are of such a nature that they cannot be deposited in a receptacle,
can or barrel, they shall be securely and properly tied into bundles
or packages to prevent any spilling while being handled by Township
employees or while such bundles or packages are located on the sidewalk
awaiting collection. The bundles or packages shall be of a size and
weight to permit ease of handling by one man but shall not exceed
65 pounds in weight.
C.
Tree limbs and brush shall be cut into four-foot lengths
and tied into bundles not exceeding 65 pounds in weight that can be
picked up by one man.
D.
Paper shall be secured and properly tied into bundles
or other packages in a manner to prevent any scattering while being
handled by the collectors or while such bundles or packages are located
on the sidewalk awaiting collection. The bundles or packages shall
be of a size and weight to permit ease of handling by one man and
shall not exceed 65 pounds in weight.
E.
All receptacles and cans used for the purposes herein
described shall not be filled higher than three inches below the top
and when so filled shall be of such weight not exceeding 65 pounds
as can be easily handled by one man. It is unlawful to use barrels,
baskets and paper or wooden boxes for this purpose.
When trade waste, as defined in § 137-1, exceeds a total of three bushels in bulk or 100 pounds in weight at any one collection, such trade waste will not be collected by the Township, but the producer thereof shall, at his own expense, deliver or have delivered by an authorized collector, as set forth in § 137-2, such materials to an authorized disposal site.
A.
To ensure the effective operation of the provisions
of this article, the Township Manager is authorized to make such written
rules, regulations or orders as may be necessary or expedient to further
implement the provisions of this article.
B.
When it shall appear to be more efficient for collection
by the Township, the Township Manager, in his sole discretion, upon
written request or permission by the owner, may authorize and order
the Township collectors to enter upon and collect garbage and refuse
placed at the curbline or sideline of such unaccepted streets, lanes,
alleys, driveways, service areas or other thoroughfares or areas as
he may designate, subject to such conditions as he may impose. Such
collection service shall not be construed to be an acceptance of any
such unaccepted thoroughfare or area.
C.
No person shall violate any written rule, regulation
or order made by the Township Manager pursuant to this article.
D.
No rule, regulations or order shall be effective until
it has been filed with the Township Clerk and published at least once
in the newspaper in which Township ordinances are published.
[Adopted 9-13-2010 by Ord. No. 2010-12[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Recycling, adopted 7-11-1988 by Ord. No. 1988-9, as amended.
The Township Council of the Township of Mount Holly finds that
reducing the amount of solid waste and conservation of recyclable
materials is an important public concern and is necessary to implement
the requirements of the SWMA and the County Plan. The recycling of
certain materials from the residential, commercial and institutional
establishments in this municipality will conserve existing landfill
capacity, facilitate the implementation and operation of other forms
of resource recovery and conserve natural resources through reduced
energy consumption, reduced water and air pollution as well as reduce
the demand on raw material extraction.
This article is adopted pursuant to P.L. 1987, c. 102 (effective
April 20, 1987), N.J.S.A. 40:48-2, 40:66-1 and 40:49-2.1, and any
amendments adopted thereto.
As used in this article, the following definitions shall apply:
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.,
as amended and supplemented.
Empty food and beverage containers comprised of aluminum.
Excluded from this definition are aluminum aerosol cans, aluminum
foil and trays.
Liquid used in a cooling system that is mixed with water
and prevents the water from freezing. The solution serves as the engine
coolant.
Branches, woody plants and other like vegetative material.
Leaves and grass do not constitute brush.
The program utilized for the collection of those recyclable
materials as designated by the Division of Solid Waste Management
from residential curbside, participating multifamily and participating
school collection programs.
A person who shall have completed the requirements of a course
of instruction in various aspects of recycling program management,
as determined and administered by the Department of Environmental
Protection.
Source-separated, nonputrescible, metal, glass and plastic
bottles coded No. 1 and No. 2 and paper and corrugated and other cardboard.
Used oil, antifreeze, latex paints, thermostats, fluorescent
lamps (light bulbs), oil-based finishes, batteries, mercury-containing
devices and consumer electronics.
All commercial and industrial activities that operate for
profit and are involved in retail or manufacture of goods and services
provided for sale.
A combining of source-separated recyclable materials for
the purpose of recycling.
A group of units, arranged horizontally or vertically, where
the form of ownership of real property is under a master deed providing
for ownership by one or more owners of units of improvements together
with an undivided interest in common elements appurtenant to each
such unit.
Computer equipment, including desktop and laptop computers
and related components, including monitors, circuit boards, terminals,
and CPUs, and peripheral equipment, including keyboards, printers,
copiers, and fax machines. It shall also include VCRs, CD players,
DVD players, and cellular phones. Consumer electronics shall not include
televisions as defined herein until such time as such devices are
banned at solid waste disposal facilities in accordance with the Electronics
Waste Recycling Act, P.L. 2008, c. 130 et seq.,[1] and any amendments thereto.
Solid waste, food waste, or other material which adheres
to, or which is otherwise contained on or in, source-separated recyclable
materials.
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but
excluding plastic, foam or wax-coated or soiled corrugated cardboard.
The Burlington County Board of Chosen Freeholders, and its
successors and assigns, acting through the Burlington County Division
of Solid Waste Management.
Those designated recyclables that are placed for collection
within the parameters of the curbside collection program as outlined
herein.
A container(s) provided by the municipality or persons for
the temporary storage of recyclable materials within the residential
unit(s).
Less than 1% by volume.
The New Jersey Department of Environmental Protection.
Those recyclable materials to be source separated in this
municipality, including but not limited to aluminum cans, antifreeze,
consumer electronics, corrugated cardboard, fluorescent lights, glass
containers, lead acid batteries, leaves, metal appliances, paper,
plastic bottles (coded No. 1 and No. 2), rechargeable batteries, steel
(tin) cans, textiles, tires and used motor oil.
The transportation, placement, reuse, sale, donation, transfer
or temporary storage for a period not exceeding six months, or for
a period of time as mandated by law, of designated recyclable materials
for all possible uses except for disposal as solid waste.
The Burlington County Division of Solid Waste Management,
its successors and assigns.
The United States Environmental Protection Agency.
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books, chipboard, corrugated and other cardboard
and similar cellulosic material, whether shredded or whole, but excluding
wax paper, plastic- or foil-coated paper, thermal fax paper, carbon
paper, blueprint paper, food-contaminated paper, soiled paper and
cardboard.
A lighting system which works by creating electric arcs inside
a gas-rich tube to produce ultraviolet light, then converting this
to visible fluorescent light by its passage through a layer of phosphor
on the inside of the glass.
Any person(s) who causes solid waste to be produced for any
purpose whatsoever.
All clear (flint), green, and brown (amber) colored glass
containers. Glass shall not include crystal, ceramics, light bulbs,
or plate, window, laminated, wired or mirrored glass.
A replaceable unit that holds ink and the print nozzles for
inkjet printers.
Any entity, either public or private, either for profit or
nonprofit, who operates for educational, charitable, religious, fraternal
or other public purpose.
Storage batteries with lead electrodes and that contain dilute
sulfuric acid as the electrolyte. These include starting batteries,
such as vehicle batteries, marine batteries, small sealed lead acids
and deep cell batteries used to power vehicles or marine accessories
such as trolling motors, winches or lights.
Vegetative material, typically generated in the autumn, which
fall from trees and are collected for removal from a property.
Appliances composed predominantly of metal, including stoves,
washing machines, dryers and water heaters. Also included are all
freon-containing appliances, including air conditioners, freezers,
refrigerators and dehumidifiers.
Any park, including a trailer park or camp, equipped to handle
mobile homes sited on a year-round basis as defined in N.J.S.A. 2A:18-61.7
et seq.
Any building or structure or complex of buildings or structures
in which three or more dwelling units are rented or leased or offered
for rental or lease for residential purposes, whether privately or
publicly financed, except hotels, motels or other guest houses serving
transient or seasonal guests as those terms are defined under Subsection
(j) of Section 30f the Hotel and Multiple Dwelling Law, P.L. 1967,
c. 76 (N.J.S.A. 55:13A-1 et seq.), and N.J.S.A. 40:66-1.2 et seq.
The Township of Mount Holly in the County of Burlington,
State of New Jersey.
A site owned and/or operated by a municipality for the receipt
and temporary storage of certain designated Class A recyclable materials
delivered by residents, small commercial and nonprofit establishments
for a period not exceeding two months, prior to their transport to
a recycling center or end-market.
Residential, commercial and institutional solid waste generated
within a community.
Residential, commercial and institutional waste in the context
of the Statewide Solid Waste Management Plan Update, which constitutes
the waste stream, used to calculate the state mandated 50% recycling
rate. The municipal solid waste stream shall include waste Types 10
and 23.
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books and similar cellulosic material, whether shredded
or whole, but excluding tissue and towel paper, wax paper, plastic-
or foil-coated paper, thermal fax paper, carbon paper, NCR paper,
blueprint paper, food-contaminated or soiled paper.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency of any other entity or any group of such persons, which is
recognized by law as the subject to rights and duties created or imposed
by federal, state or local legislation, rules or regulations.
All bottles that are labeled as made from polyethylene terapthalate
(PET) and coded as No. 1 and high-density polyethylene terapthalate
(HDPE) and coded as No. 2. Specifically excluded are bottles that
formerly contained hazardous materials, including, but not limited
to, paint, solvents, motor oil and pesticides and herbicides.
A thin sheet of material [usually consisting of low-density
polyethylene, (LDP) high-density polyethylene (HDP) or other polymers]
used to wrap or cover products.
Organic material which is capable of, and prone to, a rapid
process of biological and biochemical decomposition, under anaerobic
or aerobic conditions, resulting in the formation of malodorous by-products.
A residential condominium, cooperative or fee simple community
or horizontal property regime, the residents of which do not receive
any tax abatement or tax exemption related to its construction comprised
of a community trust or other trust device, condominium association,
homeowners' association or council of co-owners, wherein the
cost of maintaining roads and streets and providing essential services
is paid for by a not-for profit entity consisting exclusively of unit
owners within the community. No apartment building or garden apartment
complex owned by an individual or entity that receives monthly rental
payments from tenants who occupy the premises shall be considered
a qualified private community. No "proprietary campground facility,"
as defined in Section 1 of P.L. 1993, c. 258 (N.J.S.A. 45:22A-49),
shall be considered to be a qualified private community.
Batteries used in portable or other electronic devices composed
of nickel cadmium (Ni-Cd), nickel metal hydride (Ni-MH), lithium ion
(Li-ion) and small sealed lead (Pb).
Materials that would otherwise become solid waste that can
be separated, collected and/or processed and returned to the economic
mainstream in the form of raw materials or products.
Any process by which materials, which would otherwise become
solid waste, are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
A facility designed and operated solely for receiving, storing,
processing or transferring source-separated recyclable material (Class
A, Class B, Class C and/or Class D recyclable materials).
Any person residing within the municipality on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
Any person, other than those persons authorized to collect
any designated recyclable which has been placed at the roadside for
collection or within a recycling depot pursuant to this article.
Bits and pieces of metal parts (for example, bars, turnings,
rods, sheets, wire) or metal pieces that may be combined together
with bolts or soldering (for example, radiators, scrap automobiles,
railroad box cars) which, when worn or superfluous, can be recycled.
Included are all ferrous and nonferrous metals, including appliances
and appliances containing refrigerants.
Garbage, refuse and other discarded materials, as defined
in N.J.S.A. 13:1E-1 et seq. and 48:13A-1 et seq.
The New Jersey Solid Waste Management Act,[2] as amended.
Recyclable materials separated from the solid waste stream
at the point of generation.
Empty food, beverage and aerosol containers comprised of
tin, steel or a combination thereof, which formerly contained only
nonhazardous substances or such other substances as have been approved
for recycling by the Division of Solid Waste,
A stand-alone display system containing a cathode ray tube
or any other type of display primarily intended to receive video programming
via broadcast, having a viewable area greater than four inches measured
diagonally, able to adhere to standard consumer video formats and
having the capability of selecting different broadcast channels and
support for sound capability.
Artifacts made by weaving, felting, knitting or crocheting
natural or synthetic fibers.
Rubber wheels used on motorized transport or equipment, whether
bias-ply, cross-ply or radial.
An exhausted replaceable cartridge containing toner powder
and sometimes the photosensitive drum on which a laser printer generates
the image to be printed.
Waste originating in the community consisting of household
waste from private residences, commercial waste which originates in
wholesale, retail or service establishments such as restaurants, stores,
markets, theatres, hotels and warehouses, and institutional waste
material originated in schools, hospitals, research institutions and
public buildings.
Large items of waste material, such as appliances and furniture.
Discarded automobiles, boats, trucks and trailers and large vehicle
parts and tires are included under this category.
Any oil that has been refined from crude oil, or any synthetic
oil, that has been used and as a result of such use, is contaminated
by physical or chemical impurities, or unused oil that is contaminated
by physical or chemical impurities through storage or handling and
is determined to be a solid waste by the generator.
The municipal recycling center that manages used oil and
accepts and/or aggregates and stores used oil collected from used
oil generators regulated under N.J.A.C. 7:26A-6.4 that bring used
oil to the collection center in shipments of no more than 55 gallons
pursuant to N.J.A.C. 7:26A-6.4(e). Used oil accumulation centers may
also accept used oil from household do-it-yourselfer used oil generators.
Grass clippings, leaves, tree parts and brush.
A.
Notwithstanding the limitations to the Burlington County Regional
Program (BCRP) or the Municipal Recycling Depot as outlined within
this article, every person is required to source separate and recycle
each of the designated recyclable materials outlined within this article.
B.
Residents shall be responsible for recycling any designated recyclable
material not otherwise provided for within the scope of this article
by utilizing private recycling collection systems.
A.
In order to facilitate the collection of certain designated recyclable
materials, there is hereby established a curbside program for the
collection of source-separated recyclable material from all non-physically
disabled residents of the municipality.
B.
Designated recyclable materials for the curbside program are those
materials designated by the DSWM for collection within the BCRP. These
materials are aluminum cans, corrugated cardboard, glass containers,
paper, plastic bottles (coded No. 1 and No. 2), steel (tin) cans and
other recyclable materials as may be designated from time to time
by the DSWM.
C.
Multifamily complexes of 20 or more units, condominium complexes
of 20 or more units or mobile home parks of 20 or more units, or any
commercial or institutional establishment shall not receive collection
under this program unless the collection location and type of containers
are approved by the DSWM.
D.
Collections of recyclable materials pursuant to this section shall
be in accordance with a schedule of recycling collection areas and
dates promulgated by the DSWM and publicly advertised by the municipality
or county.
All recyclables placed for collection pursuant to the curbside program established within § 137-13 of this article shall be source separated and prepared for collection in accordance with the following conditions.
A.
Cardboard and paper shall be placed in paper bags or tied in bundles
not exceeding 35 pounds in weight nor exceeding one foot in thickness.
(1)
Cardboard and paper shall not be set out for recycling collection
in plastic bags, recycling buckets not specifically designated for
such purpose or trash containers. Paper can be placed in cardboard
boxes or similar open-topped box-like containers.
(2)
In those locations where carts are provided for the collection of
corrugated cardboard and paper, those materials shall be placed in
the carts that are provided by the municipality.
(3)
Carts shall be placed at the curb with the lid opening facing the
street.
(4)
Carts shall be placed in such a manner so as to leave at least two
feet of clear space around each side of the cart.
(a)
Carts shall be placed in such a manner so as to avoid interference
from overhead obstructions.
(5)
Carts are the property of the municipality and may not be used for
any other purpose or to contain any other material.
B.
Glass containers, aluminum cans, steel cans and plastic bottles:
(1)
Remove all caps and lids and dispose of as solid waste.
(2)
Glass containers, aluminum cans, steel cans and plastic bottles shall
be rinsed free of contaminants.
(3)
Glass containers, aluminum cans, steel cans and plastic bottles shall
be placed in a recycling container provided by the municipality.
(4)
Plastic and/or paper garbage bags shall not be utilized as containers
for glass containers, aluminum cans, steel cans and plastic bottles.
C.
Municipally provided recycling carts/containers may not be used for
any other purpose whatsoever.
D.
Removal of recycling carts/containers provided by the municipality
by any person is prohibited.
(1)
Each residential property shall receive one cart which shall be coded
and assigned to that residential location. The residential property
owner is responsible for the replacement costs of the cart should
the cart be lost, stolen or damaged. The replacement fee shall be
$100.
(2)
To ensure the placement of the coded and assigned and/or replacement
cart remains with the physical location, a fee of $100 shall be escrowed
at the time of resale of the property. The fee of $100 shall be released
once the Code Enforcement Officer has inspected the property and identified
the cart is physically on location at the residential property. If
the cart is not at the residential property, the fee shall be utilized
for a replacement cart.
E.
Recyclables shall not be placed for collection earlier than the evening
of the day preceding a scheduled collection day. Recyclables must
be placed at the roadside by 6:00 a.m. on the scheduled collection
day. Empty containers shall be removed not later than 7:00 p.m. on
the day of collection.
A.
There is hereby established a municipal depot program for the convenience
of the residents. Source-separated recyclables listed below may be
brought to Public Works Garage, 250 Rancocas Road, during the times
and days advertised and available at the office of the Township Clerk.
(1)
Municipal parking lot, rear of Municipal Building, 23 Washington
Street, shall accept paper and corrugated cardboard only.
B.
The following source-separated recyclables will be accepted at the
Municipal Recycling Depot:
A.
Every multifamily, qualified private community and mobile home park within the municipality shall be required to provide, for the use of their residents, a centralized and common location within their property for the storage, prior to collection, of source-separated recyclables, listed in Subsection C below, generated by the residents of their property.
B.
It shall be the responsibility of the owner or manager of every multifamily,
qualified private community and mobile home park to construct and
maintain, in a neat and sanitary condition, and to provide recycling
containers and recycling storage location(s) on their property as
specified herein and in accordance with the requirements of the DSWM.
D.
The owner or manager of each and every one of the above-referenced
locations shall notify all new residents within 30 days of occupancy
and all residents of such location as to the list of materials that
are required to be recycled, the location of all recycling containers
and the requirements of recyclable material preparation no less than
two times each calendar year.
E.
The owner or manager of each and every one of the above-referenced
locations who elects not to participate in the Burlington County Regional
Program shall arrange for the collection and recycling of the designated
recyclable materials outlined within this section at his/her own expense
as allowed by law.
Each recycling common area location shall conform to the following
standards at a minimum.
A.
The dimensions of the recycling areas shall be sufficient in size
to accommodate recycling bins or containers which are of size and
number as required by the DSWM and which are consistent with current
methods of collection utilized by the Burlington County Regional Program
or the private collection company being utilized.
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Recycling Capacity and Siting Guidelines for Multifamily
Complexes
Minimum Container Capacity Requirements for Weekly Recycling
Service
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Dual Stream Collection[1]
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Fiber
(paper and cardboard)
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Commingled
(bottles and cans)
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Non-age-restricted complex
|
One cubic yard of capacity for every 15 dwelling units
|
0.47 cubic yard (96 gallons) of capacity for every 18 dwelling
units
| |
|
Age-restricted complex
|
One cubic yard of capacity for every 20 dwelling units
|
0.47 cubic yard (96 gallons) of capacity for every 24 dwelling
units
| |
|
Single Stream Collection
|
Fiber and commingled
|
—
| |
|
Non-age-restricted complex
|
2 cubic yards of capacity for every 20 units
|
—
| |
|
Age-restricted complex
|
1.4 cubic yards of capacity for every 20 units
|
—
| |
|
Unless expressly prohibited by a municipality, or not feasible
due to existing site constraints, recycling containers for all Class
A designated recyclables shall be co-located at all solid waste collection
areas within a multifamily complex.
|
[1]
Editor's Note: The Common Area Recycling Storage Location
(Dual Stream) Detail is included at the end of this chapter.
B.
Outdoor recycling areas shall include a concrete pad of the size
as specified herein. The dimensions of the recycling areas shall at
a minimum conform to the following:
|
Common Container Dimensions
| ||||
|---|---|---|---|---|
|
Size
(cubic yards)
|
Length
(inches)
|
Width
(inches)
|
Height
(inches)
| |
|
1
|
72
|
24
|
29
| |
|
2
|
72
|
34
|
45 (rear)/34 (front)
| |
|
3
|
72
|
43
|
48 (rear)/40 (front)
| |
|
4
|
72
|
51
|
56 (rear)/46 (front)
| |
|
6
|
80
|
66
|
71 (rear)/47 (front)
| |
|
8
|
80
|
71
|
86 (rear)/53 (front)
| |
|
Note: Design is for paper and cardboard containers only. Additional
storage capacity shall be required for commingled container storage.
|
C.
The recycling areas shall be conveniently located for the residential
disposition of source-separated recyclable materials, preferably near,
but clearly separated from, refuse containers.
D.
The recycling areas shall be well lit and shall be safely and easily
accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling areas without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the recycling areas and the bins or containers placed therein
against theft of recyclable materials, bins or containers. The following
turning template can be used to plan vehicular accessibility to recycling
storage locations:
 |
|---|
|
COLLECTION VEHICLE APPROACH DETAIL
|
E.
Signs as approved by the DSWM clearly identifying the recycling areas
and the materials accepted therein shall be posted adjacent to all
points of access to the recycling areas.
F.
Each recycling area shall be enclosed on three sides by a solid fence
six feet in height, and landscaping shall be provided around the fence.
In order to facilitate recycling in all new construction, and
to avoid the creation of unhealthful or cramped storage situations,
sufficient storage shall be available for recycling containers within
all new construction of residential housing.
A.
Single-family, two-family and three-family dwellings. Each residential
dwelling unit shall be designed to provide a curbside recycling storage
container location containing, at a minimum, dimensions (length by
width by height) of no less than 36 inches by 32 inches by 84 inches
per unit. The location shall be clearly marked as such on floor plans
of the dwelling unit.
B.
Recycling storage locations. Curbside recycling container storage
locations shall not include basements that require the negotiation
of stairs, or any location either above or below finished grade. Locations
shall be on a hard-wearing, smooth, continuous surface with access
to a path with a width no less than three feet and headroom of not
less than seven feet.
C.
Multifamily and townhouse dwellings. Curbside recycling container
storage locations shall be provided for each multifamily and townhouse
dwelling where common area recycling storage areas are not otherwise
provided for in accordance with the following:
(1)
Each multifamily and townhouse dwelling unit shall be designed to
provide a curbside recycling container storage location containing,
at a minimum, dimensions (length by width by height) of no less than
36 inches by 32 inches by 84 inches per unit. The location shall be
clearly marked as such on floor plans of the dwelling unit.
(2)
Recycling storage locations. Curbside recycling container storage
locations shall not include basements that require the negotiation
of stairs, or any location either above or below finished grade. Locations
shall be on a hard-wearing, smooth, continuous surface with access
to a path with a width no less than three feet and headroom of not
less than seven feet.
All persons generating municipal solid waste within this municipality
through the operation of a commercial or institutional establishment
shall source separate and arrange for collection of all designated
recyclables within 30 days of the effective date of this article.
A.
Designated recyclable materials for the mandatory commercial and
institutional source-separation program shall consist of the following
materials:
(1)
Aluminum cans.
(2)
Antifreeze.
(3)
Consumer electronics.
(4)
Corrugated cardboard.
(5)
Fluorescent lights.
(6)
Glass containers.
(7)
Lead acid batteries.
(8)
Leaves.
(9)
Metal appliances.
(10)
Paper.
(11)
Plastic bottles (Coded No. 1 and No. 2).
(12)
Rechargeable batteries.
(13)
Steel (tin) cans.
(14)
Textiles.
(15)
Tires.
(16)
Used motor oil.
(17)
Ink jet cartridge.
(18)
Toner cartridge.
(19)
Other recyclable materials as designated by the municipality.
B.
The owner or manager of each and every one commercial and institutional sources shall be required to report recycling tonnages as described in § 137-20.
C.
The arrangement for collection of designated recyclables for disposition
hereunder shall be the responsibility of the individual(s) responsible
for the provision of solid waste or recycling services, including
the provision or maintenance of litter receptacles located on the
property of any commercial or institutional establishment generating
designated recyclables.
Pursuant to N.J.S.A. 7:26A-10.3, all commercial and institutional
generators, including multifamily housing owners or their agents,
shall report the tonnage of designated recyclable materials collected
for recycling from their business or premises, as follows:
A.
The management individual(s) responsible for the provision of recycling
services as herein defined at all residential, commercial, institutional
and industrial properties that contract for recycling services with
a private company shall submit to the Municipal Recycling Coordinator,
by the first day of February of each year, documentation verifying
the previous year's total recycling (expressed by weight) for
each material recycled.
B.
Documentation shall take the form of a letter or report issued by
the recycling service provider or end market to the generator of the
recycled material. The generator must maintain weight slips or paid
invoices and make such records available for inspection by this municipality,
county or state for a period not to exceed five years.
C.
Any solid waste or recycling service provider shall submit to the
Municipal Recycling Coordinator, by the first day of February of each
year, documentation verifying the previous year's total recycling
(expressed by weight) for each material recycled on forms as prescribed
by the DSWM.
D.
At a minimum, all reporting shall detail the municipality of origin,
the name and location of the market or recycling center and the amount
of each source-separated recyclable material, expressed in gallons,
tons or cubic yards, brought to each manufacturer or recycling center
from the municipality of origin. Those persons specifying this information
in cubic yards shall also indicate the conversion ratio utilized for
calculating the materials from cubic yards to tons.
A.
It shall be unlawful for:
(1)
Any person, other than those persons authorized, to collect any designated
recyclable which has been placed at the roadside for collection or
within a recycling depot pursuant to this article.
(2)
Any person to violate, cause, or assist in the violation of any provision
of this article or any provision of the County Plan concerning recycling.
(3)
Any person to place or to cause to be placed any material other than
a designated recyclable in or near a recycling depot.
(4)
Any person to hinder, obstruct, prevent or interfere with this municipality,
the county or any other authorized persons in the performance of any
duty under this article or in the enforcement of this article.
(5)
Any person to offer to collect or knowingly collect designated recyclable
materials in any manner except as source-separated recyclable materials
as defined herein.
(6)
Any person required to provide a report as required under this article
to fail to do so.
B.
All unlawful conduct set forth in this section shall constitute a
public nuisance.
A.
Any person collecting solid waste generated within this municipality
shall refuse to collect solid waste from any person who has failed
to source separate recyclables designated under any applicable section
of this article.
B.
Any person collecting solid waste generated within this municipality
shall refuse to collect solid waste from any person who has placed
solid waste into a municipally issued recycling container.
A.
Notwithstanding anything herein to the contrary, any resident of
the municipality may donate or sell any recyclable to any other person,
whether operating for a profit or not for profit; provided, however,
that the person receiving the recyclables shall not, under any circumstances,
collect the donated or sold material from an established recycling
collection route or from a recycling depot without prior written permission
from this municipality for such collection.
B.
Permission for such collection shall not be given for any day other
than a Saturday or Sunday and, in no case, shall such permission be
given to collect recyclables from a recycling depot.
A.
Nothing contained in this article shall be construed to interfere
with or in any way modify the provisions of any existing contract
which is consistent with N.J.S.A. 13:1E-29 and in force in the municipality
on the effective date of this article.
B.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this article, unless such renewal
or such contract shall conform to the requirements of this article.
A.
Enforcement of this article shall be the responsibility of the Municipal
Recycling Coordinator and/or the local Code Enforcement Official/Health
Officer.
B.
Said person(s) shall be responsible, under the direction of the municipality,
for enforcement of all recycling requirements of this article.
C.
In addition to the Municipal Recycling Coordinator and/or the local
Code Enforcement Official/Health Officer, the Burlington County Health
Department and the DSWM are hereby appointed as enforcement officer(s)
for enforcement of all recycling requirements of this article.
D.
Enforcement of this article shall be commenced in the Superior Court
or in the municipal court of the Township, and penalty or fine shall
be collected with costs in a summary civil proceeding.
E.
Any penalties or fines collected in an enforcement action shall be
paid to the Township when the Township brings such action.
F.
Any penalties or fines collected in an enforcement action shall be
paid to the Treasurer of Burlington County when such action is brought
by the Burlington County Health Department or the DSWM.
A.
Any person who violates the provisions of this article shall, upon
conviction thereof in a proceeding before a court of competent jurisdiction,
be subject to the following fines:
(1)
Misuse of recycling containers/carts for trash, theft of containers:
a fine of not less than $65 and not more than $100.
(2)
Residential recycling violation: a fine of not less than $25 and
not more than $1,000.
(3)
Scavenging: a fine of not less than $50 and not more than $1,000.
(4)
Commercial or institutional violation: a fine of not less than $500
and not more than $1,000.
(5)
For any person who offers to collect recyclable materials in any
manner except as prescribed within this article: a fine of not less
than $1,000 and not more than $4,500.
(6)
For any solid waste or recycling service provider who fails to report
as required within this article: a fine of not less than $500 and
not more than $1,000.
(7)
For any management individual(s) responsible for the provision of
recycling services as herein defined at all residential, commercial,
institutional and industrial properties that contract for recycling
services with a private company who fails to report as required within
this article: a fine of not less than $500 and not more than $1,000.
B.
Each continuing day of violation of this article shall constitute
a separate offense.
In addition to any other remedy provided in this article, the Township may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or the County Plan. In addition to an injunction, the court may impose penalties as authorized by § 137-25 hereof. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence, exercise or any remedy shall not prevent the Township or the county from exercising any other remedy provided by this article or otherwise provided by law or equity.
The terms and provisions of this article are to be liberally
construed, so as best to achieve and to effectuate the goals and purposes
hereof. This article shall be construed in pari materi with the SWMA
and the County Plan.
